NUMB:
980461
VERS:
SUBSTITUTE 2
REF:
980249 and 980245
XXBY:
THE CHAIR
TITL:
Substitute resolution authorizing and directing the proper City officials to take the necessary actions to amend and/or rescind existing special privileges to implement procedural changes as it relates to sidewalk area dining facilities in accord with Section 115-32.6 of the Milwaukee Code of Ordinances and Common Council Resolution File Number 980245, being a guideline resolution for the location, design and operation of sidewalk area dining facilities.
ANLS:
- Analysis -
This resolution authorizes the administrative transference of permission previously granted for sidewalk cafe's by special privilege to permission by way of Chapter 115.32.6 of the Milwaukee Code of Ordinances. This resolution also authorizes the application of previously paved special privilege publication fees to the new application fee for sidewalk area dining facilities in those instances where special privilege processing was incomplete at the time of passage of Chapter 115-32.6. This resolution also directs that current special privilege holders for sidewalk cafe's be notified of the new procedure and assisted in transferring permission under the new procedures.
BODY:
Whereas, The Common Council adopted an Ordinance (C.C. 98024) and a policy resolution (C.C. 98024) related to establishment of sidewalk area dining facilities (sidewalk cafe') by permit; and
Whereas, Permission to establish cafe's previously was by adoption of a special privilege resolution by the Common Council; and
Whereas, It is desirable to transfer permission granted by special privilege for sidewalk cafe's to the procedures established under Section 115-32.6 of the Milwaukee Code of Ordinances; and
Whereas, Some special privileges cover other facilities located within the public right-of-way in addition to the cafe' and those resolutions need to be amended to delete reference to the cafe; and
Whereas, The current procedure to rescind the permission of items that no longer occupy the public right-of-way is administrative and it appears to be applicable in this circumstance where the cafe' is the only special privilege item; and
Whereas, There are several housekeeping actions that need to be carried out related to application fees, past and future, for the present holders of permission for which Common Council authorization and direction is necessary; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that there be consistency and fairness among operators and permit holders of sidewalk cafes, and authorization is given to amend all special privileges without the need to pay a Petition for Special Privilege (publication) fee at those locations where sidewalk cafe' is not the only present special privilege item; and, be it
Further Resolved, That authorization is given to waive the $100 application fee for sidewalk cafe' for those locations that presently have a sidewalk cafe' by special privilege either alone or in combination with other items; and, be it
Further Resolved, That authorization is given to apply the Special Privilege application fee of $137 that was paid for those locations that, during the processing and enactment of the new ordinance for sidewalk area dining facilities (sidewalk cafe'), were held pending action on the ordinance to the $100 sidewalk cafe' application fee and to the sidewalk cafe' annual fee (maximum of $37.00) and further that any remaining amount be refunded to the applicant; and, be it
Further Resolved, That the Commissioner of Public Works is authorized and directed to notify in writing the grantees of special privileges for existing cafe's of the new procedure regarding sidewalk cafe's; and, be it
Further Resolved, That the Commissioner of Public Works is authorized and directed to waive the Department of Public Works Sidewalk Area Dining Facility permit fees for those existing special privileges that the Commissioner of Building Inspection is currently processing bills (for the period July 1, 1998 through June 30, 1999) until January 1, 2000; and, be it
Further Resolved, That the Commissioner of Public Works is authorized and directed to administratively rescind all special privileges at locations where sidewalk cafe' is the only item; and, be it
Further Resolved, That the Department of Public Works\Infrastructure Services Division is authorized and directed to establish separate record keeping for bond and insurance for these sidewalk area dining facilities established under Section 115-32.6 of the Milwaukee Code of Ordinances.
DFTR:
Infrastructure Services Division
JJM:cjt
February 17, 1999
980461